AMENDED MINUTES
REGULAR MEETING
THURSDAY, June 17, 2010 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Paul Smith called the regular meeting to order at 7:30 p.m. Six commission members were seated to vote.
II. ROLL CALL
Attendant Members
Paul Smith, Chairman
Charles Wehrly
Robert McIntyre
Brendan McKeown
Kimberly Gallagher
William Pollock, Secretary
Absent Members
Charles Sohl, Vice Chairman
Attendant Staff
Chris Costa, ZEO
Joanne Rynecki, Clerk
Attorney Eric Knapp
III. PUBLIC HEARING
A. 10-005 Barbara Leroy Rutigliano
Attorney Keith Ainsworth was present on behalf of the Applicant. Attorney Ainsworth explained that the applicant would like to restore wetlands on their property. In 1958 Ms. Rutigliano’s family purchased the property. The lot was filled, as was customary during the time due to a lack of wetland regulations, and a house was built with a lawn. In 2004 the family made plans to renovate the house. Wetlands were flagged, both inland and tidal. Attorney Ainsworth referred to a topographical map with a revision date of 12/16/2004 (Exhibit A-1). Attorney Ainsworth feels the original survey (Exhibit A-1) is significant because it shows the wetland boundaries as a result of the 1958 fill and how this area took on
characteristics of inland wetlands. He stated that the area does not tolerate inland wetland plantings because of the saline content. The area is a lawn; and therefore, he believes it is considered low quality wetlands. In 2007 the Applicant was granted approval by the Building Department to renovate the home and upgrade the septic system. Approximately 140 cubic yards of fill was brought in, 43.4 were used to cover the septic tank and the remaining fill was used to level the yard. The Applicant concedes that they put in fill in violation of the wetland regulations and are here tonight to present a plan of remediation.
Attorney Ainsworth called the Applicant, Barbara Leroy Rutigliano to answer questions of the sequence of events which occurred on the property. Ms. Rutigliano recalls her family purchasing the property, filling on the site, construction of the house and maintenance of the lawn. In 2007, due to necessity, as the house was sinking, a new foundation was constructed. Ms Rutigliano hired Devin Xenelis, of Facilities Construction Resources to excavate, add the foundation and a septic tank and line to the leaching field. Mr. Xenelis is present tonight and acknowledge that he performed the work stated by Ms. Rutigliano according to plans he received. Mr. Xenelis also stated that he converted to a low profile septic tank because of the depth to ground water at the site. Even with the low
profile tank, he had to add fill to cover the tank. Attorney Ainsworth presented a letter from Mr. Xenelis dated 6/17/2010 stating the amount of estimated fill used for adequate frost protection around the new raised foundation and to cover the new septic tank as (Exhibit A-5). Attorney Ainsworth also referenced a letter from Richard Snarski of New England Environmental Services dated June 10, 2010 (Exhibit A-6). Mr. Snarski’s letter to Chairman Smith explained the test results he obtained in 2004 and his recommendation for remediation at the site.
Dr. Steven Danzer, a Wetland Scientist came up with a restoration plan in partnership with Great Ecology Environments. Their plan is to create a buffer between the property and the marsh. Dr. Danzer referred to plans to explain the removal of fill in order to allow proposed vegetation to have access to the soil conditions they need to survive. The plans are referred to as: Restoration and Planting Plan, 1 of 3, originally dated 4/22/2010 with a revision date 5/25/2010(Exhibit A-2). Regulatory Boundary Plan, 2 of 3, with a revision date 5/25/2010 (Exhibit A-3). Soil and Erosion and Sediment Control Plan, 3 of 3, with a revision date 5/25/2010 (Exhibit A-4). Dr. Danzer explained how he arrived at this plan of remediation and the other options he explored. He is proposing 3
types of vegetation that are saline tolerant. Dr. Danzer stated that Mr. Snarski agreed with salt tolerant plantings. Dr. Danzer stated that the plantings will accomplish 3 functions: First to allow for moderate storage of fresh water, second, to moderately increase the habitat species, and lastly to trap nutrients and pesticides from the soil.
Chairman Smith asked Dr. Danzer and Attorney Ainsworth if the septic tank labeled “new” on the plans is new in 2010 or 2007. Attorney Ainsworth believes it to be an existing tank from 2007 and mislabeled from the last plan. Chairman Smith also asked if Dr. Danzer and Attorney Ainsworth have read the letter from Richard Snarski dated 6/10/2010 and if they are accepting the letter at face value, with no issues. Both Dr. Danzer and Attorney Ainsworth said yes.
Mr. Wehrly asked if this Applicant has ever presented an application for this property before this commission. Chris Costa explained that a preliminary discussion occurred with the commission.
Ms. Gallagher questioned the amount of fill that will be removed in order to bring the soil level down to level 4 in the ten foot strip plus the 3 to 1 slope area.
Open Public Hearing
Francine Kindl and Kathy Bennetto of 5 Elliot Avenue questioned the boundary line on the west side of the site and if the fill is being removed to the property line. Chairman Smith responded that the fill will be removed from the property line eastward. Ms. Bennetto asked where the fill will go and Chairman Smith responded, off the property. Ms. Kindl asked if the drain on the paper road is from the Rutigliano property. Dr. Danzer did not see a drain when he was at the site and Ms Rutigliano said there was not a drain installed from her property.
Bill Ziegler is an adjoining property owner to the south of the Rutigliano’s property. Mr. Ziegler stated that on August 17, 2007 he received a cease and desist order to stop filling. Mr. Zeigler said the filling continued on the Rutigliano’s property after the order was issued. Mr. Ziegler believes the property was raised between 1-3 feet from the fill. Chairman Smith asked who issued the order and what it applied to. Chris Costa said it was a Zoning commission order. Attorney Knapp added that the town filed a law suit as a result of the Rutiglianos’ actions. Mr. Ziegler feels that all fill should be removed except for the fill for the septic and foundation and he feels that the members of the Commission should review the file before they act on this matter.
Public hearing closed
Attorney Knapp would like a final number of cubic yards that are proposed to be removed including the 3-1 slope area, an as built survey post restoration, and all spelling corrected on the final plan.
Mr. Wehrly suggested that the homeowner speak to the Health District prior to finalizing any plans for the property if it is in the wastewater management district. Chairman Smith added that the amount of space needed to produce a 3-1 slope indicated in the plan would put the top of slope close to the septic tank.
Mr. McIntyre requested that the Applicant obtain a new letter from the Health District Sanitarian to state that no conflict with original approval for the septic tank will occur with these new plans for soil removal.
Chairman Smith continued the Public Hearing meeting until the next scheduled meeting date of July 15, 2010 here at the Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension.
IV. OLD BUSINESS
A. 10-006 Dunkin Downie
Develop the site for office and warehouse use. A small portion of the wetlands will be filled to accommodate the parking required by Zoning.
6 Center Road West, (Map 26/Lot 6-9)
Business B-4 District
Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.
Bob Doane, engineer and land surveyor on behalf of the Applicant, Dunkin Downie, reviewed the proposal for improvements to Lot 9. The permit expired last year and the Applicant has made a few changes to the plan. Mr. Doane explained the changes to the waste water system due to a change the health district regulations, a change in the berm, the relocation of the stockpile out of the wetland review area, the continuation of contour 22 around the building, and the new location of the storm water recharge system. The plans Mr. Doane referred to are revised as of 6/17/2010. Mr. Doane added that they will have to move one maple tree that is above the proposed new leach field location on the plan.
Chairman Smith asked when the wetlands were flagged. Mr. Doan responded that the wetlands were flagged in 1998 by Richard Snarski. Chairman Smith asked if Mr. Doan believes the contours are accurate, he said yes. Ms. Gallagher asked what the property is being used for now. Mr. Doan said it houses a construction yard for vehicles and construction material which existed since 1998 and will continue to serve as the applicant’s place of business after the construction is complete. Mr. Doan believes that the building footprint is the same as the developed area to limit disturbance of any further area on the site.
MOTION to approve Application #10-006 Dunkin Downie to develop the site for office and warehouse use and add fill to a portion of the wetlands to accommodate the parking with a condition to pull the silt fence in to the minimum west boundary and relocate the tree out of the sanitary system area. MADE by Robert McIntyre; SECONDED by Brendan McKeown. DISCUSSION: Chairman Smith asked how long the permit will run for? Chris Costa replied that the permit is for 2 years with extensions up to 5 years IN FAVOR: Paul Smith, Brendan McKeown, Charles Wehrly, Kimberly Gallagher, William Pollock, Robert McIntyre; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to amend the Agenda to add Section V New Business Application #10-008 Vaju Odedra. MADE by Paul Smith; SECONDED by Robert McIntyre. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
V. NEW BUSINESS
A. 10-008 Vaju Odedra
Addition of deck, 12’ x 12’, in wetland regulated area. Modification of existing permit #06-046 approved 11/16/06, extended to 11/16/2010.
8 Cliffe Drive (Map 53/Lot 24-46)
Residence AA-2 District
Action: Accept application; determine if significant activity and if ordinance 71 fees are required.
Mr. Odedra was present to request a modification to the existing permit #06-046 originally granted in 2006 and extended until 2010. The members reviewed a copy of plan from the original application with an increase to the size of the deck. Chairman Smith asked if the deck has been constructed and Mr. Odedra responded no. The Chairman also asked why he needs a bigger deck. Mr. Odedra replied that the original deck is not large enough to accommodate his handicapped relative. The larger deck will allow the wheelchair and additional seating on the deck.
MOTION to accept Application #10-008 Vaju Odedra to increase the deck size to 12’ x 12’. MADE by Brendan McKeown; SECONDED by Robert McIntyre. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to deem Application #10-008 not significant. MADE by Robert McIntyre; SECONDED by Brendan McKeown. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to not to require ordinance 71 fees for Application #10-008 Vaju Odedra. MADE by Robert McIntyre; SECONDED by Brendan McKeown. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
VI. REGULAR BUSINESS
A. Staff Report – The current IWWEO will be leaving mid July. In the interim, Chris Costa will be handling the IWWC duties.
The Fulkerson’s 2004 application was discussed. The members feel this matter can be handled administratively. The members are not in objection to having the depression filled, but require that the 10 inch diameter pipe be capped at both ends.
ZO will follow-up on the relocation of the dumpster for Atlantic Seafood.
B. Representative & Subcommittee Reports – none
C. Correspondence – none
- Approval of Minutes – May 20, 2010
MOTION to approve the minutes of May 20, 2010. MADE by Brendan McKeown; SECONDED by Robert McIntyre. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, William Pollock; OPPOSED: None; ABSTAINED: Kimberly Gallagher; APPROVED: 5-0-1
VII. ADJOURNMENT
MOTION to adjourn the meeting at 10:24 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on July 15, 2010. MADE by Brendan McKeown; SECONDED by Paul Smith. IN FAVOR: Paul Smith, Brendan McKeown, Charles Wehrly, Kimberly Gallagher, William Pollock, Robert McIntyre; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
Respectfully Submitted,
Joanne Rynecki, IWWC Clerk
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